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Wednesday, 3 December 2008

Parents

Parents

Maternity leave: returning to work

Find out about your rights and responsibilities when you return to work after maternity leave, including guidance on what to do if you have any problems or if you are denied your rights.

Returning to work

When you return to work after ordinary maternity leave, you have a right to the same job and the same terms and conditions as if you hadn’t been absent. This also applies when you come back after additional maternity leave, unless your employer shows that it’s not reasonably practicable for them to take you back in your original job (for example, because the job no longer exists). In that case, you must be offered alternative work with terms and conditions as if you hadn’t been absent.

Giving notice of your return to work

If you take your full leave, you don’t need to give notice that you’re coming back, but it’s a good idea to do so.

If you decide not to return to work at all, you must give your employer notice in the normal way.

If you don’t want to take your full leave

Your employer must assume that you’ll take all your maternity leave, including additional maternity leave. If you don’t want to take all of your leave, you must give at least eight weeks’ notice that you’re returning to work early or if you want to change the date of your return. Your employer can insist that you don’t return until the eight weeks have passed.

What happens if you’re ill at the end of your leave

If you can’t return to work at the end of your maternity leave because of illness, tell your employer in the normal way.

Flexible working

As the parent of a child under six (or a disabled child under eighteen) you are entitled to request a flexible working pattern. This can help you balance caring for your child and work. Your employer must consider your request and respond to you in writing.

Breastfeeding

You should let your employer know in writing if you are planning to breastfeed when you return to work. Ideally you should do this before you return so that your employer has time to plan.

Your employer must carry out a risk assessment to identify risks to you as a breastfeeding mother or to your baby. If there are risks they must do all that is reasonable to remove the risks or make alternative arrangements for you. Your employer must also provide suitable rest facilities.

Although there is no legal requirement, employers are encouraged to provide a private, healthy and safe environment for nursing mothers to express and store milk.

Taking parental leave after maternity leave

If you need more time off to look after your child you may be able to take parental leave. You can take up to four weeks parental leave at the end of your maternity leave without affecting your right to return.

If you take more than four weeks you will be able to return to the same job unless this is not reasonably practicable, in which case you must be offered alternative work that is suitable to you and with terms and conditions as if you hadn’t been absent.

What to do if you have problems

If you are being denied your rights, talk to your employer first of all. If you have an employee representative (eg a trade union official), they may be able to help.

If this doesn’t work, you may need to make a complaint using your employer’s internal grievance procedure.

If you’re still unhappy, you can make a complaint to an Employment Tribunal.

Maternity leave: find out more

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offer free, confidential and impartial advice on employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can also provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you will also be able to get advice and support from them.

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